Felon in Possession Conviction Affirmed

By FindLaw Staff on August 2, 2010 9:13 AM

In US v. Martin, No. 09-3310, the court of appeals affirmed defendant's conviction for being a felon unlawfully in possession of a firearm, holding that the arresting officers had probable cause to arrest defendant as a suspect in the shooting, and they faced exigent circumstances sufficient to justify effecting that arrest inside an apartment building's entryway.

As the court wrote: "Confronted at the entryway of his apartment building by officers whosuspected him of a shooting earlier in the day, Michael Martin was arrested, searched, and found carrying a gun. Charged with being a felon unlawfully in possession of a firearm, Mr. Martin moved to suppress evidence about the weapon from his anticipated trial, claiming his seizure and subsequent search violated the Fourth Amendment. The district court denied the motion, and today we affirm. The arresting officers in this case had probable cause to arrest Mr. Martin as a suspect in the shooting, and they faced exigent circumstances sufficient to justify effecting that arrest inside the apartment building's entryway. Because of this, we conclude, the officers' actions complied with, not violated, the Fourth Amendment."

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